Resolution-ZA 2004-34• •
DECISION NO. ZA 2004-34
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING CONDITIONAL USE PERMIT N0.2004-04901
OWNER: Guillermo M. Aguirre
415 North Sunkist Street
Anaheim, CA 92806
LOCATION: 1920 East Center Street
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: September 30, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Petitioner requests approval of a conditional use permit under authority of Code
Section 18.08.030.040.0402 to establish-the sale of beer and wine for on-premises
consumption at a new restaurant in the C-G (General Commercial) zone.
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator
Position), and a public hearing having been duly noticed for and held on the date set forth above, I do
hereby find pursuant to Section 18.66.030 (Findings} of the Anaheim Municipal Coder
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses or the growth and development of the area in which it is proposed to be located.
3. That the size and. shape of the site for the proposed use, as conditioned herein, is
adequate to allow full development of'the: proposed .use in a manner not detrimental to the particular area
noc to the health and safety.
4. That the traffic generated by the proposed use, as conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit, under the conditions imposed, will not be
.detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Based on the evidence and testimony presented to me, I do hereby approve Conditional Use Permit No.
2004-04901, subject to the following conditions:
1. That the establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
2. That there. sha11 be no bar or lounge area maintained on the. property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
3. That food service with a full meal shall be available from opening time until 10:00 p.m.
4. That there shall be no pool tables maintained upon the premises at any time.
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5, That subject beer and wine license shall not be exchanged for a public premises (bar)-type license
nor shall the establishment be operated as a "public premise" as defined in Section 23039 of the
California Business and Professions Code.
6. That the sale of beer and wine shall. not exceed forty percent (40%) of the gross sales of all retail
.sales during any three (3) month period. The petitioner shall maintain records on a quarterly basis
indicating the separate amounts of sales of alcoholic beverages and other items. These records
shall be made available; and subject to audit, when requested for inspection by any City of
.Anaheim official during reasonable business hours.
7. That there shall be no live entertainment, amplified music, or dancing permitted on the premises at
anytime without the proper permits having first been issued as required by the Anaheim Municipal
Code.
8. That the sale of beer and wine for consumption off the premises shall be prohibited.
9. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exteriorfrom inside the building, promoting or indicating the availability of beer and wine.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That safes, service and consumption of beer and wine shall be permitted only between the hours of
10:00 a.m. to 10:00 p.m. „ .
12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be,directed, :...positioned and shielded in such a manner so as not to
unreasonably,illuminate the windows of nearby residences.
13. That all exterior doors shall have their.own light source, which shall adequately illuminate door
areas at all hours to make clearly visikile the presence of any person on or about the premises and
provide adequate illumination for persons. exiting the building.
14. That the business operator shall comply with Section 24200.5 of the California Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others, directly
or indirectly,: to buy them drinks in he licensed premises under any commission, percentage,
salary; or other profit-sharing plan, scheme or conspiracy..
15. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at ail times during hours of operation except for
ingress/egress, to permit deliveries, and in cases of emergency.
16. That there shall be no public#elephones on the premises which are located outside the building.
17. That ariy and all security officers provided for the approved business shall comply with all State and
Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of
the California Business and Professions Code and Section 4.16.070 (Policing): of the Anaheim
Municipal Code.
18. That no "happy hour"-type of reduced prices for beer and wine promotions shall be allowed.
19. > That petitioner shall not share any profits, or pay any percentage or commission to a promoter or
any other person, based upon monies collected as a_door charge, cover charge, or any other form
of admission charge, including minimum drink order, or the sale of beer and wine.
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20. That aBurglar/Robbery Alarm permit application; Form APD 515, shall be obtained from the
Anaheim Police Department.
21. That a Fire Emergency Listing Card, Form APD-281, shall be obtained from the Anaheim Police
Department. -
22. That rooftop address numbers be provided for visibility to the police helicopter. The a minimum
number/letter size shall four (4) feet in height and two (2) feet in width. The lines of the
numbers/letters shall be a minimum of six(6) inches thick and shall be spaced twelve (12) to
eighteen (18) inches part. Numbers/letters shall be painted or constructed in a contrasting color to
.the roofing material. Numbers/letters shall face the street on which the structure is addressed.
Such numbers/letters should not be visible from ground level.
23. That a "No Trespassing 602(k) P.C." sign shall be posted at both entrances to the parking lot. Such
signs shall be at least two (2) feet by one (1) foot in overall size, with a white background and black
two (2) nigh inch lettering.
24. That all entrances to the parking lotshall be posted with appropriate signs in accordance with
Section 22658(a), C.V.C., to assist in removal of vehicles at the property owner's/manager's
request.
25. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to
the Public Works Department for review;and approval.
26. That an on-site trash truck turnaround shall, be provided and maintained in conformance with
Standard Engineering Plan No. 476.., Said turnaround area shall be specifically. shown on plans
submitted to the Streets and Sanitation Division of the Public Works Department.
27. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance: with approved plans on file
with said pepartment. Said trash storage area(s) shall be designed, located and screened so as
not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s)
shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon
sized clinging vines planted on maximum three (3)-foot centers or tall shrubbery. Said information
-shall be specifically shown on the plans submitted for building permits.
28. That an unsubordinated restricted covenant providing reciprocal access and parking for both 1925
East Lincoln Avenue and 1920 East Center Street, approved by the City Traffic and Transportation
Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with
the Office of he Orange County Recorder. A copy of the recorded covenant shall then be
submitted to the Zoning Division. In .addition, provisions. shall be made in the covenant to
guarantee that-the entire complex shall be managed and maintained as one (1) integral parcel for
purposes of parking, vehicle circulation, signage, maintenance, land usage and architectural
control, and that the covenant shall be referenced in all deeds transferring all or any part of the
interest in the property.
29. That in accordance with Sections 18.38.160 (Mechanical and Utility Equipment -Ground Mounted)
and 18.38.170 (Mechanical and Utility'Equipment -.Roof Mounted) of the Anaheim Zoning Code, all
air conditioning facilities and other roof and ground-mounted equipment shall be properly screened
from view by enclosures thaf are architecturally. compatible with the building. Said information shall
be specifically shown on plans submitted to the,Planning Department for review and approval.
30. That no trucks shall be parked or stored anywhere. on the subject property for the purpose of
advertising.
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31. That a valid business license shall be obtained from the Business License Division of the City of
Anaheim Planning Department.
32: That'the property owher shall reduce the height of the existing six (6) foot high block walls adjacent
to both Lincoln Avenue and Center Street to a maximum height of three (3) feet, in accordance with
Engineering Standard Plan No. 115-A. And that a plan showing said reduced block wall height
shall be submitted to the City Traffic and Transportation Manager and the Planning Services
Division for review and approval.
33. That gates shall not be installed across any driveway in a manner that may adversely affect vehicle
..traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard
Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation
Manager.
34. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
35. 'That the property owner shall submit a letter to the Planning Services Division requesting
termination of Conditional Use Permit No. 3316 (to permit aday-care center for 70 children with
waiver of maximum fence height).:.
36. That no portable signs shall be utilized to :advertise any ,activities on the subject site
37. That no vending machines, which are visble,from the public rights-of-way, shall be permitted on the
property. _ .
38. .That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of,Engineering Plan Nos. 436-G, 470 and
473 pertaining to'parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with the approved plans.
39. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked: Exhibit Nos. 1 .(Site Plan), 2 (Floor/Equipment/Tile Plan) and 3 (Sign Plan), as
conditioned herein
40, That prior to commencement of the activity. herein approved, or prior to issuance of a building
permit, or within a period of six (6) months from the date of this Decision, whichever occurs first,
Condition Nos. 12, 16, 22, 25,.26,27; 28, 31, 33,..35, 38 and 39, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.160 (Establishment of Use or Structure) of the Anaheim Municipa{
Code
41. That prior to commencement of the` activity herein approved or prior. to issuance of a certificate of
occupancy by the City of Anaheim Building Division., whichever occurs first, Condition Nos. 13, 20,
21, 23, 24, 29, 32, 33, 35, 38 and 39, above-mentioned, shall be complied with.
42. That approval of this conditional use permit application constitutes approval of the proposed
request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or findings as
to compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
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This decision is made, signed, and entered into the file this 7th day of September 2004.
L~~ l~ 2~~
Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 15 days of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: October 7, 2004 ~ ~' w 1 f P~1/~ d ~ - ~.'~i~ Gc~O E.,( ~-1
Danielle C. Masciel, Word Processing Operator
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City of Anaheim
PLANNING DEPARTMENT
www.anaheim.net
October 20,.2004
Lederer -Anaheim Ltd.
1990 Westwood Boulevard; #3RD
Los Angeles, CA 90025
Manual Gomez, Vice President
Anaheim Cinco de Mayo Fiesta
P.O. Box 9742
Anaheim, CA 92812
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Re: Request for Special Everit Permit with Special Circumstances Waiver No 2004-27 -DENIED
On October 14, 2004, the Zoning Administrator, Annika M. Santalahti, considered your request for
a Special Event Permit with Special Circumstances Waiver regarding the hours of the event, to hold
a public dance on Saturday, October 30, 2004, from 5 p.m. to 12 midnight, in the parking lot of the
Anaheim Indoor Marketplace located at 1440 South Anaheim Boulevard. The Zoning Administrator
is required to deny a special event permit unless it is determined that all applicable provisions of
the law and of the Anaheim Municipal Code will be complied with and that the granting of the
permit will not be detrimental to the public health or safety. Furthermore, a special circumstances
waiver requires that the Zoning Administrator find and determine that the waiver would serve the
public interest, safety or general welfare or that extraordinary circumstances are present. Your
request for a Special Event Permit with Special Circumstances Waiver is hereby DENIED on the
following grounds: (1) the event, as proposed, is not in compliance with applicable city and zoning
laws and would be detrimental to public health and safety; and (2) a special circumstances waiver
would not serve the public interest, safety or general welfare and extraordinary circumstances
have not been shown by the applicant. (Anaheim Municipal Code Section 18.62.050)
The facts underlying this DENIAL are as follows:
1. The property located at,1440 South Anaheim Boulevard is currently developed with a
133,200 square foot commercial/industrial building which has been modified for use as an indoor
swap meet facility with accessory outdoor uses in the C-G (General Commercial) Zone.
2. The applicant has requested a Special Event Permit with Special Circumstances
Waiver regarding the hours of the event, to hold a public dance on Saturday, October 30, 2004,
from 5:00 p.m. to 12:00 midnight, in the parking lot of the Anaheim Market Place.
3. Section 18.62.050 of the Anaheim Municipal Code provides in part that no person,
business, or organization shall conduct a special event without having first obtained a [special
event) permit.
4. A "special event" as defined in the Anaheim Municipal Code is any event sponsored
by a business, shopping center, or organization, which is held outside the confines of a building,
whether or not a fee or admission is charged for such event. (Anaheim Municipal Code Section
18.92.220) A special event is only allowed as a promotional event for the business, located on the
same property, or as a fundraiser for a school or other charitable non-profit organization.
(Anaheim Municipal Code subsections 98.38.240.010 and 18.62.050.010) The regulations for the
conduct of a special event are contained in subsection 18.38.240.030 of the Anaheim Municipal
Code.
5. On or about October 1.2, 2004, a letter was submitted by Mr. Manua{ Gomez,
representing Anaheim Cinco de Mayo Fiesta, describing the proposed event. Additionally, a site
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803 1 of 2 SCw2004-00027
TEL (714) 765-5139
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.plan was submitted illustrating where the event is proposed in the parking lot. The event, an
outdoor public dance, is intended to be a fund raiser for Anaheim Cinco de Mayo Fiesta, a non-
profit organization. The event, as proposed, would take place from 5 p.m. to 12 midnight on the
day before Halloween, and is to include the following:
• A twenty-five dollar admission fee from patrons for entry to the event;
• Live entertainment consisting of amplified music with live groups and DJs;
• 20-foot by 40-foot stage;
• Alcoholic beverage sales and consumption;
• Food booths and a bar;
• Perimeter 5-foot high chain link fencing enclosing the event area, which would be located
adjacent to Cerritos Avenue in the southeast corner of the property; and
• Security as needed.
6. Subsection 18.38.240.030.0308 of the Anaheim Municipal Code specifies that the
conduct of a special event shall be confined to the hours when the business establishment or
shopping center is normally open for business, and that in no event shall the special event be
operated before 7:00 a.m. or after 10:00 p.m.
7. Subsection 6.72.020.040 of the Anaheim Municipal Code further prohibits the use or
operation of sound amplification equipment for noncommercial purposes between the hours of
10:00 p.m. and 7:00 a.m. of the following day.
8. The event, as proposed, which is intended to last until midnight with the use of sound
amplification equipment, would require approval of a special circumstances waiver.
9. City staff, representing both the Planning and Police Departments, has reviewed the
proposed special event, including the special circumstance waiver to allow the event to last until
midnight with the use of sound amplification equipment, and recommended denial based on the
proposed heavy concentration of people, the proposed late night hours of operation, the use of
amplified music, the sale and consumption of alcoholic beverages in a place open to the public,
and the possible increase in calls for service due to the nature of the event.
10. The event, as proposed, is not in compliance with all applicable provisions of law and
of the Anaheim Municipal Code and the granting of the permit would be detrimental to the public
health and safety. Furthermore, there is no basis for approving the special circumstances waiver
because approval of the proposed waiver would not serve the public interest, safety or general
welfare, nor are there any extraordinary circumstances present to justify approving such waiver.
Under authority of subsection 18.62.050.060 of the Anaheim Municipal Code, and based on the
above-findings including the Staff Report and the testimony given at the public meeting on
October 14, 2004, the Zoning Administrator hereby DENIED the Special Event Permit with Special
Circumstances Waiver No. 2004-00027 for the herein described special event.
NOTICE: This decision shall become final unless an appeal to the City Council, in writing,
accompanied by an appeal fee, is filed with the City Clerk within 10 davs of the date of this letter
or unless members of the City Council shall request to review this decision within said 10 days.
Sincerely,
o r ~t-- ~r ~Cfoc~
Danielle C. Masciel, Word Processing Operator
Anaheim City Zoning Administration
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